Explanatory Notes

Clause 19: Powers corresponding to Section 18 involving devolved authorities

232 A new Part 1B inserted into Schedule 2 of the EU (Withdrawal) Act 2018 provides a corresponding power for the devolved authorities to implement Part 3 of the Withdrawal Agreement and of the EEA EFTA Separation Agreement. New paragraph 11G, subsections (1) to (4), set out that this power can be used by devolved authorities acting alone, or by Ministers of the Crown and devolved authorities acting jointly.

233 This power can be used for the same purposes as the power at new section 8B and the same restrictions apply, subject to paragraphs 11H and 11I.

234 Paragraph 11H provides that the power to implement Part 3 of the Withdrawal Agreement and of the EEA EFTA Separation Agreement cannot be used outside of devolved competence, as defined in paragraphs 11J to 11L, where exercised by devolved authorities acting alone.

235 Paragraph 11I provides that, where a devolved authority is making a provision for the purposes of implementing Part 3 of the Withdrawal Agreement or of the EEA EFTA Separation Agreement, the requirements for consent, joint exercise or consultation with the UK Government will apply where the type of provision would otherwise require UK Government consent, consultation or joint exercise of powers.

 

Prepared 19th December 2019